January 16, 2013 - Texas Workforce Commission

82
1 be appealed to the commission members of the EEOC.
2 The agency dismissed a portion of the
3 complaint because they interpreted the complaint as
4 being filed -- and I think you'll find this on Page 5
5 at the bottom -- alternatively described by the
6 complainant as sex stereotyping, gender
7 transition/change of sex, and gender identity. The
8 EEOC reversed the decision of the agency and reasoned
9 that the case falls within the scope of the 1989
10 United States Supreme Court decision Price Water --
11 Price Waterhouse versus Hopkins, which established the
12 principle that stereotypes because of sex or gender
13 constitute discrimination because of sex or gender and
14 that -- well, let me stop and first explain the
15 principle -- principle of stereotype because of sex or
16 gender.
17 I will say, in my opinion, the Price
18 Waterhouse versus Hopkins opinion is -- is difficult
19 to read. We gave this to staff to read and sat them
20 down, and without warning them we were going to ask
21 this question, asked the question, "Well, who won?"
22 And I encourage you to -- to read the opinion and --
23 and think about that question as you read it.
24 The decision -- the -- the opinion was
25 a -- a split decision. Four justices joined, I think